Terms of service

Last updated: May 17th, 2018

Please read these Terms of Service (hereinafter as “Terms“) carefully before using Smartsupp (hereinafter as “Service“) operated by Smartsupp.com, s.r.o., Company reg. no.: 03668681, VAT ID: CZ03668681, Milady Horakove 13, Brno, 602 00, Czech Republic (hereinafter as “us“, or “we“, or “our“). The Service is a non-exclusive license to software-as-a-service (SaaS) described in the Description of the Service in these Terms. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Data Processing Agreement (hereinafter as “DPA”). These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. On the moment you start using Service these Terms and the DPA become a legal agreement between you as the Service’s user and us. If you disagree with any part of the Terms or the DPA, then you may not access the Service.

1. Description of the Service

The Service is a non-exclusive license to software-as-a-service (SaaS) offered by us at www.smartsupp.com. The Service is a chat solution allowing you to communicate with visitors of your website in real-time. Part of the Service are various modules including, but not limited to: chat box (chat widget) that you place on your website by inserting our script into your website’s code; dashboard, which you or your employees use to answer questions of your website visitors placed via the chat box. Dashboard is a web interface available at dashboard.smartsupp.com. The dashboard also contains settings of the Service; mobile apps that allow you to chat with your visitors from your Android phone or iPhone. Modules and features available to you may vary based on your package, you can find them described in our pricing at www.smartsupp.com/pricing.

2. Access to the Service

Internet connection is required to access the Service.

You are responsible for ensuring functionality of your computer or mobile device and network connections that connect you to the Service, including, but not limited to, “browser” software. We assume no responsibility for the reliability or performance of your internet provider or any connections or devices as described in this section.

Your access to the service might be temporarily limited or suspended (a) during planned downtime for upgrades and maintenance of the Service; or (b) during any unavailability caused by downtime, technical failures, acts undertaken by third parties (such as our hosting providers etc.), connectivity issues on the internet networks, acts of God, acts of government, acts of terror or civil unrest, distributed denial of service or other attacks on the Service; (c) if we suspect or detect any malicious software, code or activity within your account, (d) if you breach these Terms, DPA or any other rule or law regulating your use of the Service.

3. Subscriptions

We offer following Subscription plans of the Service. Overview of available subscription plans and their features can be found at www.smartsupp.com/pricing.

Free Subscription
Free Subscription is without any billing; however, the Service’s features are limited.

Paid Subscriptions
You are required to pay in advance on a monthly or annual basis (“Billing Cycle”), depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Smartsupp.com, s.r.o. cancels it. You may cancel your Subscription renewal in your billing profile under payment method details by clicking on “Turn off auto-renewal” or by deleting your payment method details.
Valid payment method – credit card or PayPal – is required to process the payment for your Subscription. You shall provide Smartsupp.com, s.r.o. with accurate billing information and a valid payment method information. By submitting such payment information, you automatically authorize Smartsupp.com, s.r.o. to charge you the Subscription fees based on selected Billing Cycle.
Should automatic billing fail to occur for any reason, we will notify you by email and you must provide new payment method in case you wish to continue to use the Service.
Payment can also be done via wire transfer, in which case subscription is not renewed unless you regular make payments based on your billing cycle.

Refunds
You can request a full refund for any reason within 15 days of completing your first payment for the Service. This refund only applies to your first payment, unless otherwise stipulated in these Terms or DPA.

4. Accounts

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party.

You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Unless explicitly given permission by us, you shall not license, sublicense, sell, resell, transfer, assign, distribute or make the Service available to any third party.

You shall not commercially exploit the Service in any way.

You shall not make modifications of or derivative works from the Service without explicit permission or attempt to derive source code or trade secrets from the Service.

We reserve the right for Us, Our contractors or Our employees, to access Your Account and the information that You have provided for support, maintenance and servicing purposes or for any security-related, technical or billing reasons.

5. Personal Data Protection

Personal data means any information relating to an identified or identifiable natural person as defined in the Article 4 of the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter as “Directive”), mainly any such information collected by you and uploading it into Service, therefore disclosing it to and processed by us (hereinafter as “Personal data”).

By using Service various Personal data may be collected by you and processed by us on your behalf, depending on how you use the Service. As our company and Service are operated within European union, the Directive and other Personal data protection provisions of the Czech Republic and EU Member states are applicable.

It is solely your obligation to comply with any applicable law when using the Service and collecting any Personal data by the Service. The Smartsupp, s.r.o. disclaims any liability as described in paragraph 10.

Various Personal data may be processed by the Service and us, depending on how you use the service. Therefore, you are obligated to enter into a DPA with us. By accepting these Terms and starting to use the Service you are accepting the DPA, available at www.smartsupp.com/dpa, as well. These Terms and the DPA are mutually conditional on each other and upon acceptance/termination of Terms or DPA, the DPA or Terms are accepted/terminated. Before you start to use the Service, you are obligated to learn all features of the Service and how the Service processes Personal data.

To perform our obligations stipulated in Terms is necessary for us to process some personal data of you (if you are natural person) or your employees or other natural persons using the Service on your behalf and having individual access to your Service’s account. As we process such a personal data in accordance to the article 6 point 1/b of the Directive no consent is required.

6. Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Smartsupp.com, s.r.o. Smartsupp.com, s.r.o. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.

You further acknowledge and agree that Smartsupp.com, s.r.o. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read terms and privacy policies of any third-party web sites or services that you visit.

7. Advertising

Unless You specifically withdraw Your consent to this clause by sending an email to privacy@smartsupp.com, You hereby acknowledge and consent to Us making use of any of Your marks, logos and trade names to identify You as Smartsupp’s user/customer on Smartsupp’s Website and/or Services, in addition to any other marketing material.

8. Termination

We may modify, terminate or suspend your account immediately if we suspect any violation of the Terms, DPA, Privacy policy, or any applicable law.

If you wish to terminate your account, you may delete your account and discontinue using the Service, or request a termination of your account.

Upon termination as described in 8.b, your right to use the Service will immediately cease and any data uploaded into your account (including any Personal data) will be deleted.

Upon termination of your account or these Terms, the DPA is also immediately terminated.

9. Backups

The Processor is performing regular backups of all data, including Personal Data, processed via the Service as a precautionary measure in case the data are lost due to server malfunction, human error or other unforeseen event and to fulfill Processor’s obligation imposed by the Directive to prevent accidental or unlawful destruction of Personal Data. Backups are kept for 30 days.

10. Limitation Of Liability

In no event shall Smartsupp.com, s.r.o., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any direct or indirect losses, incidental losses, special losses, consequential or punitive damages, including without limitation, loss of profits, loss of data, loss of use, loss of goodwill, loss of savings and revenue, including expenses to recover lost revenue, interest losses, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

11. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. We do our best to ensure the highest availability and security of the Service. Despite that, Smartsupp.com, s.r.o. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

12. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of Czech Republic, except provisions that are legally required to follow law of your country or the European Union.

Any disputes arising from these Terms or using the Service are to be settled by the courts of law in Brno, Czech Republic.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

These Terms may be translated in other languages available on our web site www.smartsupp.com. In case a dispute arises from difference between the language versions of these Terms, this English version of the Terms takes precedence.

13. Changes

We reserve the right, at our sole discretion, to modify or update these Terms at any time.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

14. Authorization statement

User means a natural or legal person using the Service by implementing it into any websites operated by such a person and having a sole control of an individual account within the Service (hereinafter as “User”).

Natural person concluding these Terms on behalf of the User (hereinafter as “Natural Person”) hereby declares that he or she acts on behalf of the User and is legally authorized to act on behalf of the User in the matter of these Terms. If such legal authorization of the Natural Person will be found as invalid then these Terms are binding for the Natural Person and the Natural Person is fully responsible to fulfill all obligations stated in these Terms.

You are obligated to provide us with complete and accurate information upon registration into Service and to keep such information accurate and up-to-date during your whole course of use of the Service.